Beaudry

It is unnecessary to determine in this action whether a judgment entered in an action between the city and an individual is a bar to an action by the people against another or the same defendant, where the question at issue in each case is, whether the land in controversy has been dedicated to public use as a street. The judgment referred to in the foregoing opinion was admissible, because it was one of the muniments of defendants’ title.

Hearing in Bank denied.

It is alleged in the complaint in this case that a certain described strip of land was, on the first day of October, 1868, and ever since has been, a part and portion of a public street in the city of Los Angeles, now commonly known as Buena Vista Street; that defendants, on or about the first day of April, 1871, erected and maintained, and still do maintain, on that part of the street described, certain buildings, posts, fences, and other things, which, ever since they were so erected, have obstructed, and still do obstruct, the said street, and hinder and prevent the people of the state of California from the free use thereof as a public street, and are public nuisances and illegal obstructions thereon. And the prayer is, that the strip of land described as being a part of Buena Vista Street be declared and decreed to be a common public street and highway, free for the travel of all persons, and that the defendants be ordered and decreed to remove therefrom the buildings, houses, and fences, and all obstructions whatsoever, now obstructing or that may obstruct the free use of said street, and be enjoined from again erecting the same or any other obstructions thereon.

The…